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Can a dismissed bankruptcy case be removed from my credit report early?

Hello,
I'm aking this question for my dad who recently filed a [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]chapter 13 bankruptcy[/url] case in order to stop the foreclosure on his home. His situation is complicated because it was discovered the bank comitted fraud againt him but continued the foreclosure after the proof of fraud was discovered so it was his only option to save his home.
My question is that he now has the "Dismissed Bankruptcy" case on his credit report and he wishes to have it removed. Is there anyway we can do this? I read that you can try writing letters to Experian, TransUnion and Equifax and ask to have it removed. Is this true? I really want to help but don't know what to do from here.
Thank you,
Jessi

sandra.willi43's picture
sandra.willi43 | Joined: May 11, 2010 08:13 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cowan,

Dismissed bankruptcy cannot be removed from the credit report. It will stay on the credit report for 10 years. However, you can still try to remove it from the report by sending a goodwill letter to the credit bureaus. Sometimes, this works.

However, as the bankruptcy has been dismissed, the home can get foreclosed. Thus, it is better to refile the bankruptcy. If bankruptcy is refiled within a year of the dismissal, then the automatic stay will be on effect for only 30 days. Thus, you need to file a motion to extend the stay.

Thanks,

Sandra

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have some cash and wanted to spend it before I file. I was diagnosed with rheumatoid arthritis and I wanted to spend the cash to have a breast reduction due to back pain and neck pain. Also my fingers are swollen making it difficult to get dress in the morning. Can I spend the money to take care of this problem before I file ?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Fery!

Welcome to forums!

As far as I can know if you're in immediate need of medical care, then you can spend money on it before [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url]. However, you should consult your bankruptcy attorney in this regard before taking any further steps.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks Susane for your promt answer! I will definitely talk to my attorney before I will proceed with this because I don't want for the BK to be dismissed.
Thanks fery

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My case was dismissed in june because i didn't pay my filing fees...thought i would be able to borrow from my retirement plan to pay them but couldn't...and also they didn't receive my plan and payment advices. I was just informed of another forclosure sale date just around the corner. can I refile ch. 13 to stop the forclosure. I know they set a forclosure sale date because the automatic stay had expired since my dismisal...and i know if i refile i have only a 30 day automatic stay and i have to file an extension. this is ok cause i'm already in talks with mortgage company doing a HAMP thing that will also stop the forclosure..what can i do...i will refile and can come up with the filing fee now so can i do that? will this work?? i'm desprate to keep my house...my income situation will be much better as hubby is beginning work in a couple weeks...so i know with lowering my payment and stuff i can afford this home i just need a couple more weeks what do i do?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

You will be able to refile your bankruptcy and stop the foreclosure. Once you file bankruptcy, there would be an automatic stay on all your creditor and thus your lender will not be able to foreclose the property. You need to contact your bankruptcy attorney in order to refile bankruptcy.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we have been told we will have to pay back X amount of $$ over a time period. If we should have an increase in income can they make us pay more per month & if we should inherit some $$ during this time can we pay it off early?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi irishayre,

As far as I know, you can may be able to change the payment plan if you have extra money in order to get a bankruptcy discharge earlier. You will have to speak to your bankruptcy attorney and trustee in this regard.

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tedt282nd's picture
tedt282nd | Joined: January 22, 2010 11:57 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

you can pay off ch 13 early just email trustee and request a payoff figure and state where you got money to payooff early. I did and payed off 3 years early. Told trustee that childred were paying it off for me as a gift. which it was

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what can i do to get it off my report

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Though your bankruptcy filing did not went through, it will be mentioned in your credit report like any other negative item for the next 7 years.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What is a goodwill letter?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Doris,

A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/inprocess/about51065.html

Please take a look at it. I hope it will help you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can an incomplete bankruptcy be removed from my credit report?
I filed the bankruptcy but it was dismissed quickly for lack of paperwork. Thanks

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi bella!

Welcome to forums!

As far as I know, though your bankruptcy filing was incomplete, you won't be able to remove it from your credit report. Like any other negative item, it will remain in your credit report for 7 years.

Feel free to ask if you've further queries.

Sussane

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